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| In 2007, anti-choice lawmakers continued their relentless attacks on a woman's right to choose in legislatures throughout the country. But the biggest blow to this fundamental right came from the U.S. Supreme Court. In April, the Court upheld the first-ever federal ban on an abortion method, which outlaws some safe, pre-viability, second-trimester abortions, without an exception to protect a woman's health. While disingenuously claiming that the decision was consistent with precedent, the Court not only allowed the ban to go into effect— trumping state protections for choice because it applies nationwide—but also signaled a willingness to consider even more restrictions on the legality, safety, and accessibility of abortion even without overturning Roe v. Wade. The decision came near or after the end of most state legislative sessions, but in 2008 we expect antichoice legislators to take advantage of the Court's green light and attempt to enact even more restrictive laws, to create legal challenges to test the changing legal contours of a woman's right to choose.
Even before the Court's decision, states were considering and enacting a wide variety of anti-choice bills, including those that would limit access to abortion, support discredited and dangerous "abstinence-only" programs, and block women's access to birth control. Anti-choice legislators continued their puzzling insistence on opposing measures that can prevent unintended pregnancy and therefore reduce the need for abortion, while instead focusing on divisive measures to make abortion care more difficult to obtain for women who need and choose it.
Anti-Choice State Legislative Measures Considered & Enacted in 2007
Measures considered:
- States considered 464 anti-choice measures in 2007.
- The number of anti-choice measures considered in 2007 decreased 29 percent from 2006, when states considered 650 anti-choice measures.
- Every state with a regular legislative session considered anti-choice legislation in 2007, except for Delaware, Idaho, Nebraska, Wisconsin, and the District of Columbia.
- For the fourth year in a row, West Virginia considered more anti-choice legislation than any other state—61 measures.
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Click on the graphic to enlarge. | Measures enacted:
- 19 states enacted 43 anti-choice measures in 2007.
- The number of anti-choice measures enacted in 2007 decreased four percent from 2006, when states enacted 45 anti-choice measures.
- Missouri and Oklahoma enacted the most anti-choice legislation in 2007, with six measures each.
- Between 1995 and 2007, states enacted 557 anti-choice measures—including 43 in 2007 alone.
- Anti-choice state legislative measures considered and enacted since President Bush took office:
- State legislatures have considered more than 3700 anti-choice measures.
- 293 of these measures have been enacted.
Anti-choice legislation enacted in 2007 included:
- Mississippi and North Dakota enacted near-total bans on abortion that will take effect if Roe v. Wade is overturned. Four such laws have now been enacted in just the last two years. (Louisiana and South Dakota enacted similar bans in 2006 and 2005, respectively.)
- Louisiana enacted a ban on a second-trimester abortion method that is similar to the federal ban the Supreme Court recently upheld, but the Louisiana version has greater criminal penalties for doctors and gives local authorities the power to investigate and prosecute.
- Oklahoma enacted an omnibus anti-choice bill that, among other things, prohibits the use of public funds and facilities for abortion care, narrows the definition of "medical emergency" to limit the circumstances under which abortions may be provided, and makes the judicial bypass process for young women more onerous.
- Missouri enacted a Targeted Regulation of Abortion Providers (TRAP) law that would single out abortion providers and require them to unnecessarily convert their facilities into costly ambulatory surgical centers. A federal court has enjoined this law.
- Wyoming Gov. Dave Freudenthal vetoed a "fetal homicide" measure creating a crime of double homicide if a pregnant woman is murdered—regardless of the stage of the pregnancy. He explained that current laws already provide additional penalties when a criminal act ends a pregnancy against a woman's will, and that legislators refused to craft the bill in a way that did not threaten to undermine Roe v. Wade.
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